Carbondale Catastrophic Injury Lawyer

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Catastrophic injuries often occur suddenly and without warning, and when they do, Carbondale catastrophic injury lawyers at Munley Law can help you.

We have been helping people in Carbondale since 1959. Unlike most personal injury law firms, we dedicate a significant portion of our practice to cases involving catastrophic and life-threatening injuries. When it matters most, you need a law firm with experience handling a case as serious as yours.

At Munley Law, our Carbondale personal injury lawyers have built our reputation on fighting for severely injured people in Lackawanna County and beyond and winning the financial compensation they need to rebuild their lives.  Our firm has won millions of dollars in settlements for our clients, including verdicts worth $12 million and $9.95 million.

Contact Munley Law today for a free, private consultation with a Carbondale catastrophic injury lawyer. We will review your case for free and advise you on how to proceed. We do not charge a fee unless we win your case.

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Types of Catastrophic Injuries in Carbondale

Depending on their severity, all kinds of injuries can rise to the level of catastrophic injury. Common injuries in this category include:

  • Traumatic brain injuries
  • Spinal cord damage
  • Amputation of a limb
  • Third-degree burns
  • Permanent facial disfigurement
  • Loss of sight or hearing

Head and neck injuries are especially high risk. A study published in the journal Neurology found that 47.4% of people aged 40 or older in the United States with a history of head injury live with a disability in at least one area of life, with around 11.4 million people affected.

If an injury results in long-term or permanent loss of a body part or function, or threatens your life, it can be considered a catastrophic injury.

What Are The Most Common Causes of Catastrophic Injuries in Carbondale?

Even in a small community like Carbondale, catastrophic incidents can happen almost anywhere. Common causes of catastrophic injuries include:

  • Car and truck accidents – Carbondale residents commuting to work or school can find themselves in a collision that will cause devastating injuries. This can also include motorcycle accidents, pedestrian accidents, and more.
  • Workplace accidents – In a hardworking town like Carbondale, many people risk their safety every day on the job. Construction accidents, factory and warehouse disasters, transportation accidents, fires, and explosions can cause catastrophic injury.
  • Medical malpractice – There are cases where medical negligence results in a life-altering injury to the patient. Medical errors can cause permanent brain damage, nerve damage, paralysis, amputation, or loss of body function. These can also include birth injuries.

Traumatic Brain Injuries in Carbondale

One of the most common and most serious types of catastrophic injury is head trauma. From falls to car crashes and train derailments, all kinds of accidents can result in traumatic brain injury. Even medical malpractice can cause a lack of oxygen to the brain and result in brain damage. Traumatic brain injuries (or TBI) can range from mild to severe. They can be life-threatening or cause permanent disability. According to the American Association of Neurological Surgeons, more than 13 million people in the U.S. are living with a disability due to a traumatic brain injury.

Catastrophic brain injuries can include hematoma, skull fracture, contusion, brain bleed, or lack of blood supply to the brain. According to Pennsylvania’s Traumatic Brain Injury (TBI) Advisory Board, more than 543,288 Pennsylvania residents live with disabilities caused by brain injuries, and around 138,600 new brain injuries are sustained every year.

The leading causes of non-fatal TBIs in the U.S. occur from falls (47%), strikes or blows to the head from or against an object (15%), such as sports injuries, and motor vehicle accidents (14%).

Treating a Traumatic Brain Injury

Catastrophic brain injuries are expensive to treat. From the emergency room or ICU, patients often go directly to surgery because it is important to treat brain trauma as quickly as possible. Pressure on the brain from a head injury can cause permanent neurological damage or even death if not addressed right away. After undergoing brain surgery, catastrophic injury victims will need to undergo many follow-up scans and tests, and many will require long-term physical and occupational therapy. Patients may require constant care and monitoring, as well as costly sensors and adaptive equipment.

While people who suffer mild head injuries often make a full recovery, those who suffer severe head trauma may face a lifelong disability or even death. This is why prevention is so important. According to the TBI Advisory Board, up to 85% of traumatic brain injuries could be prevented with simple interventions such as wearing seat belts, using properly fitted helmets when playing sports, avoiding drug and alcohol use, and using the right support and mobility equipment to prevent falls among seniors.

Compensation for a Catastrophic Injury

No one is ever prepared for the financial consequences of a catastrophic injury. Catastrophic injuries come with expensive Personal injury attorney Marion Munley speaking with a clienttreatment and long-term recovery. Those who survive a serious traumatic brain injury may need in-home care or adaptive equipment. They may be out of work for an extended time, or unable to return to the job they once held. After a life-threatening accident, the last thing you should have to worry about is money. With a lawyer’s help, you can recover the financial compensation you deserve to cover your treatment and other losses so that you can focus on healing and moving forward.

Compensation in a catastrophic personal injury case comes in the form of economic and non-economic damages.

Economic damages include financial losses like medical bills, emergency care, prescription medicines, rehabilitation, lost wages, and diminished earning power. Non-economic damages include things like emotional distress, mental anguish, post-traumatic stress, loss of companionship, and physical pain and suffering.

Pennsylvania also allows for punitive damages in some rare cases. To sue for punitive damages, your case must involve conduct that goes beyond simple negligence and amounts to gross neglect or outrageous behavior resulting in catastrophic injury.

What Should You Do After a Catastrophic Injury in Carbondale?

The hours and days after a catastrophic injury might be some of the most difficult you’ve ever experienced. Your first concern is getting yourself or your loved one the necessary medical treatment and getting to a stable condition. Then, you are faced with the vulnerability of your situation. The future feels uncertain. You need to know that your rights will be protected and you will have the resources you need to recover.

First, make sure an official report of your injury is filed. If it was a motor vehicle accident that caused your catastrophic injury, there will be a police report. If you were catastrophically injured at work, be sure the incident is reported to your employer without delay.

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“For more than three generations, our family has been fighting for justice. It’s more than a career choice—it’s written into our DNA. That legacy shapes how I approach every case. The people who walk through our doors aren’t case numbers; they’re families in crisis, looking for someone to fight as hard for them as we would for our own.”

Robert W. Munley, III

 

Personal injury attorney Robert W. Munley III

Do I Need a Carbondale Catastrophic Injury Lawyer?

Personal Injury Attorney Dan Munley reviewing a catastrophic truck accidentAfter a catastrophic injury, it is never too soon to call a lawyer. Even if you don’t yet know the full extent of your loved one’s injuries, or what the insurance company will cover, speaking with a lawyer is the best way to ensure that someone is looking out for you during this difficult time.

Investigation – A catastrophic injury attorney at Munley Law will conduct a thorough investigation of the events leading up to your accident. We leave no stone unturned to identify all liable parties in your case, prove that the defendant was negligent, and obtain evidentiary support for your case.

Calculate damages – The legal team at Munley Law will consult with medical and economic experts to review your medical records and determine not only the full value of what you have suffered thus far but also the losses you will continue to suffer in the future as a result of your injuries.

Negotiate with the at-fault party’s insurance – While you and your family are experiencing the most difficult time of your lives, the insurance companies will be working to limit their liability and minimize the amount they must pay in a settlement. A highly skilled and experienced attorney will negotiate on your behalf to get you a fair settlement. We work closely with top economic and medical experts, so we know exactly what your case is worth and won’t settle for less.

Take your case to trial – If the insurance company is not willing to offer an acceptable settlement, we will be prepared to bring your case to trial. Our certified trial lawyers thrive in front of a jury and will fight to see that you get justice.

Catastrophic Injury To-Do List

Once you’ve hired a lawyer to represent you, the burden is off your shoulders, and we’ll take it from here. But there are still some things you can do to protect yourself before or after hiring an attorney:

  • Take photos. If you can, take photos of the accident scene or of your injuries.
  • Get the contact information for any witnesses
  • Keep track of your medical bills and any other expenses or economic costs related to your accident, including days missed from work.
  • Avoid posting any information about your case or your injury on social media; this can be used by the defense to hurt your claim
  • Do not give a recorded statement to the other party’s insurance. We recommend you do not speak with them, and let your lawyer handle any interactions on your behalf.

Carbondale Catastrophic Injury FAQs

What is Considered a Catastrophic Injury?

While there is no hard and fast definition of a catastrophic injury, any injury that causes long-term or permanent damage or loss of body function can be considered catastrophic. They involve extensive recovery time or permanent life changes. Catastrophic injuries can result from common occurrences like car and truck crashes, or large-scale disasters like train derailments and gas explosions.

What If I Suffered a Catastrophic Injury at Work?

While some industries have higher rates of workplace incidents than others, virtually any workplace can be the scene of a catastrophic accident. Employees who suffer catastrophic injuries on the job can file a workers’ compensation claim to collect the benefits they are entitled to. However, there may be additional forms of compensation for a serious workplace injury.

Specific Loss

The first option is called specific loss payments. Specific loss payments compensate employees who lose a body part or body function while working. Payment amounts are different for each body part and are based on the employee’s average weekly wage. For example, if you lose your hand in a workplace accident, you will be entitled to specific loss payments of your average weekly wage for 335 weeks. For loss of hearing in both ears, workers are entitled to 260 weeks of pay.

Third-Party Claim

Another course of action you may be able to pursue is a third-party liability case. This simply means that you may be able to file a personal injury lawsuit in addition to collecting workers’ compensation if someone other than your employer was at fault for your workplace injury. For example, if you are a Carbondale truck driver and you were hurt on the job in a crash caused by another driver. You may be able to collect workers’ compensation and sue the at-fault driver for damages.

A catastrophic injury lawyer at Munley Law can help you understand which options apply in your case.

What Is the Statute of Limitations for Catastrophic Injury Claims in PA?

Under Pennsylvania law (42 Pa. C.S. § 5524), you generally have two years from the date of your injury to file a catastrophic injury claim. It is essential to file within this deadline. If you miss it, you will likely lose your right to compensation entirely. If the injured person was under 18 at the time of the accident, this two-year period does not begin until they turn 18, giving them until their 20th birthday to file.

There’s an important exception if your claim is against a government agency. For example, a municipality responsible for a dangerous road condition or an unsafe public building, rather than simply an injury that happened to occur on government-owned property. In that case, Pennsylvania law (42 Pa. C.S. § 5522) requires you to provide written notice to the government agency within just 6 months of the incident, a much shorter window than the standard two-year deadline. Because these shortened deadlines can be easy to miss, it’s important to speak with a Carbondale catastrophic injury lawyer as soon as possible after your accident.

What Happens If a Catastrophic Injury Leads to Death?

It is not uncommon for a victim to pass away as a result of their catastrophic injury. In these especially tragic circumstances, the surviving family is entitled to pursue legal action on their loved one’s behalf.

Wrongful Death Lawsuit

A wrongful death lawsuit is a type of legal action taken by the surviving family of a deceased person to compensate the survivors for the losses they suffered as a result of their loved one’s passing. In Pennsylvania, only the decedent’s representative can take this action, and only the spouse, children, or parents can receive compensation in a wrongful death lawsuit. Damages in a wrongful death lawsuit include medical and burial costs, loss of companionship, loss of guidance and affection, loss of financial support, and other related damages.

Survival Action

If your loved one had filed a personal injury lawsuit before succumbing to their injuries, the deceased person’s estate can file a “survival action” to continue the case on their loved one’s behalf to see that they get justice posthumously. While a wrongful death lawsuit seeks compensation for the losses suffered by surviving family members, a survival action is based on the losses and pain and suffering experienced by the victim.

A catastrophic injury lawyer at Munley Law can help you determine the right course of action.

Do All Injury Lawyers Handle Catastrophic Cases?

Make no mistake – not all personal injury law firms are the same. In the event of a catastrophic injury, you must find a lawyer with experience handling cases involving large-scale disasters and life-altering damages. Catastrophic injury cases can be complicated; they may involve multiple defendants, and insurance companies may be reluctant to pay exorbitant damages. Before hiring a lawyer, find out about their case history, areas of specialization, and past settlements and verdicts.

Choose Munley Law For Your Catastrophic Injury Case

The injury lawyers at Munley Law have decades of experience representing people in Carbondale and across Pennsylvania in the most complex and high-stakes cases, including train accidents, bus crashes, truck accidents and multi-vehicle pileups, aviation disasters, explosions and toxic exposure, and more.

Our attorneys are board certified by the National Board of Trial Advocacy and belong to the nation’s most elite groups of trial lawyers, including the Summit Council, the Litigation Counsel of America, and the International Society of Barristers. All of our lawyers belong to the American Association for Justice, where Marion Munley is currently the Vice President, and the Pennsylvania Bar Association, through which Caroline Munley is named a certified workers’ compensation specialist by the Section on Workers’ Compensation Law.

Marion Munley and Daniel Munley are board certified by the Academy of Truck Accident Attorneys, and our firm is listed to Best Law Firms, with Best Lawyers naming Marion Munley as Lawyer of the Year for Personal Injury Litigation and J. Christopher Munley as Lawyer of the Year for Workers’ Compensation. Eight of our lawyers are listed as Super Lawyers, with Marion Munley named to the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers lists.

Additionally, our partners have all been featured in the National Trial Lawyers Association’s Top 100 Trial Lawyers in Pennsylvania list, with Marion and Daniel Munley named to the Top 10 Trucking Trial Lawyers list, J. Christopher Munley named to the Top 25 Motor Vehicle Trial Lawyers list, and Mackenzie Wilson listed as one of the Top 40 Under 40 Civil Plaintiff Attorneys in Pennsylvania. Our attorneys have won millions in settlements for our clients to date, and are ready to fight for your rightful compensation as well.

We do not charge a fee for our services unless we win your case, so you are protected from the financial risk of pursuing the justice you need. Contact us today for a free consultation.

< Personal injury attorney Robert W. Munley III

Robert W. Munley, III

Robert W. Munley, III is a seasoned personal injury attorney and award-winning courtroom advocate. While he regularly handles a range of personal injury cases, his focus is on truck accidents and workers’ compensation cases. Bob has served thousands of accident victims and workers, winning them millions with his bold advocacy.

 

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